Lynn Adelman

11-CV-560 US v. Sikorsky Aircraft Corporation

11-CV-560 US v. Sikorsky Aircraft Corporation

Decision and Order

The court struck affirmative defenses that were not pleaded with the level of detail required by Heller Financial, Inc. v. Midwhey Powder Co., Inc., 883 F.2d 1286 (7th Cir. 1989). However, the court gave reasons for applying a relaxed pleading standard to affirmative defenses and concluded that the “plausibility” standard that applies to claims for relief does not apply to affirmative defenses.

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18-CV-2035, Wisconsin Freeze Dried LLC v. Redline Chambers, Inc.

18-CV-2035, Wisconsin Freeze Dried LLC v. Redline Chambers, Inc.

Motion to remand decision

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07-CV-303 Burton v. American Cyanamid Co

Case 07-CV-303 Burton v. American Cyanamid Co

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07-CV-303 Burton v. American Cyanamid Co

07-CV-303 Burton v. American Cyanamid Co

Docket #1070 The court held, inter alia, that (1) white lead carbonate (WLC) manufacturers did not owe plaintiff a duty to warn , such that plaintiff's duty-to-warn claims could sound only in strict liability and not in negligence; (2) the bulk supplier doctrine applies such that manufacturers of WLC who sold their product to third-party manufacturers for integration into paint did not owe end consumers a duty to warn.

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07-CV-303 Burton v. American Cyanamid Co

07-CV-303 , Burton v. American Cyanamid Co

Docket #1060 The court held that defendant manufacturers of white lead carbonate in a case proceeding under Wisconsin's risk-contribution theory of liability are entitled to present an exculpatory defense asserting that chemical analysis of paint chips found in plaintiff's home indicates that WLC manufactured by the defendant is not present.

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15-CV-1496 Stocks et al v. DoAll Company

15-CV-1496 Stocks et al v. DoAll Company

The court found that employee-plaintiff's failure to disclose wage-and-hour claim against employer in her Chapter 13 bankruptcy proceeding was product of inadvertence or mistake, such that she should not be judicially estopped from pursuing the claim.